Study On The State Responsibility Of Soil Pollution Remediation In China

In the historical process of industrialization in China,based on extensive economic development methods and loose environmental policy guidance,a large number of soil pollution problems have arisen.One can see one of the frequent soil pollution incidents in recent years.These soil pollution incidents have directly promoted the continuous development of soil pollution treatment practices.Traditional behavioral responsibility cannot fully cope with the current severe soil pollution problems.The theory of "state responsibility" originated in Germany can enrich the foundation of soil pollution responsibility.In the "Soil Pollution Prevention and Control Law" formally implemented in 2019 in China,while clarifying the main body of soil pollution remediation,while adhering to the "polluter burden" principle,it also clarifies the responsibility of the "management of the property" that the land use right holder should bear,That is,introducing state responsibility.Because state responsibility takes responsibility based on the dangerous state of things,it breaks the traditional cognitive limitation of behavioral responsibility and provides a theoretical basis for the responsibility of soil remediation beneficiaries.It is particularly important to systematically discuss state responsibility.This article takes soil pollution remediation status responsibility as the research object.In view of the fact that the legislative status of soil pollution remediation status responsibility in China is not detailed enough,it mainly uses comparative research methods,drawing on the status responsibility legislation and practical experience of typical countries or regions outside the region,and proposes future Suggestions for improving the responsibility of soil pollution remediation status in China.China ’s current laws and regulations related to the main body of soil pollution remediation are mainly determined according to the principle of “polluter ’s burden”.The polluter belongs to the category of person responsible for conduct,but the current legislation does not exclude the application of state responsibility.The newly promulgated “Soil Pollution Prevention Law” It clearly stipulates the responsibility of the land use right holder for soil pollution remediation.Although China does not formally use the concept of state responsibility,the nature of the land-use right holder belongs to the category of state responsible person.It can be seen that the current soil pollution prevention legislation in China has the applicable space for state responsibility,but the principled provisions are too abstract and have no practical operability,so that the application of state responsibility has practical obstacles,and it is necessary to issue relevant supporting rules as soon as possible.State responsibility stems from the German "police law",and its experience regarding the "expected possibility" standard of state responsibility to solve the problem of the limit of state responsibility is worth learning;the scope of the subject determined by the "potentially responsible person" of the US Super Fund Law is very broad,and Each responsible person bears joint and several responsibilities to provide strong support for the restoration of contaminated land left over from history;China ’s Taiwan region has continuously developed it based on the German state responsibility theory and explicitly cited state responsibility as the basis for refereeing.According to the analysis of the status quo of state responsibility legislation in China and the investigation of the theory and practice of state responsibility in other countries or regions,combined with the status quo of soil pollution prevention and control legislation in China,the improvement of the state responsibility for soil pollution remediation in China needs to be carried out from the following aspects: first,it is necessary to clarify the state responsibility Elements.Assuming responsibility based on the dangerous state of things,there is no causal judgment problem.The components of state responsibility include the subject of responsibility,objective requirements and subjective requirements.The establishment of state responsibility does not need to consider subjective faults.However,if there is no fault,the responsible person may recover the repair cost from the polluter after taking responsibility for the repair.Secondly,because state responsibility is assumed based on the social obligation of property rights,the nature is the limitation of property rights rather than the provisions of property rights.The limitation should be within a reasonable range,specifically measured by the "expected possibility".Finally,the clarification of issues such as the method of performance of the responsibility,the exercise of the right of recovery,and supervision during the performance of the responsibility will affect whether the state responsibility can actually be implemented,and these issues should be effectively responded to in relevant laws and regulations and implementation rules.